Q: Am I required to pay or divide assets post-separation with 100% disability status in GA?

A: Assets and military pay are subject to division in the divorce. The court will decide exactly what that division looks like.

A: You're asking a very valid question, especially as you try to move forward after a long separation. In Georgia, property division during divorce follows the principle of equitable distribution, meaning the court will divide assets fairly—but not always equally. Even if you’ve been separated for years, any property or income acquired during the marriage *can* still be considered marital property unless proven otherwise.

That said, your VA disability benefits are protected under federal law and are generally not considered divisible marital property in a divorce. Courts in Georgia typically cannot force you to divide or share your disability check with your spouse. However, the house you purchased while still legally married could become a point of contention if marital funds or joint credit were used in any part of that purchase. The fact that you’ve remained legally married may open the door for your spouse to argue for a portion of certain assets.

Without a separation agreement in place, the timing and nature of how assets were acquired will matter. If the divorce is filed before your 10-year anniversary, that may also affect certain eligibility factors, like military benefits. It would be wise to gather all records related to the house, your income sources, and when you acquired them. You’ve made a life-changing service and deserve to protect what’s yours, but a judge will still look closely at everything within the marriage window. Keep the focus on clear facts and fair documentation—it will help you navigate this with more confidence.